Back
A. V. SESHA SAI, SUMATHI JAGADAM
PRAMODH CONSTRUCTIONS, Rep by Managing Partner Nuthalapati Hanumaiah – Appellant
Versus
GOVT OF Andhra Pradesh , HYDERABAD, Rep by Chief-Examination Secretary – Respondent
JUDGMENT :
(A.V. Sesha Sai, J.)
These two Appeal Suits, preferred under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure, one by the plaintiff and another by the defendants, are directed against the Judgment and Decree dated 14.12.2017 in O.S.No.109 of 2002, passed by the Court of the I Additional District Judge, Guntur.
2. For the sake of convenience and brevity, this Court deems it appropriate to refer to the parties as per their status in the cause title in the suit.
3. O.S.No.109 of 2002 came to be instituted for recovery of a sum of Rs.1,06,10,269/- together with future interest at the rate of 24% per annum.
4. Vide Judgment and Decree dated 14.12.2017, the learned I Additional District Judge, Guntur, decreed the suit in part for a sum of Rs.10,35,514/- with interest at the rate of 12% per annum from the date of filing of suit till the date of decree and subsequent interest at the rate of 6% per annum from the date of decree till realisation.
5. A.S.No.477 of 2008, filed by the plaintiff, is against the disallowed claim and A.S.No.230 of 2009, filed by the defendants, is against the entire decree.
6. Heard Sri J.Prabhakar, learned senior counsel for the appellant in
The court ruled that the plaintiff was entitled to a sum of Rs.28,26,777/- with interest, rejecting the government's claim of limitation and emphasizing the need for proper reasoning in rejecting cla....
The court affirmed the plaintiff's entitlement to additional payment due to unforeseen conditions in contract execution, emphasizing the need for reasonable interest in commercial transactions.
The court upheld the Tribunal's award, emphasizing limited grounds for interference under Section 19, confirming the Tribunal's jurisdiction and decision-making process regarding construction claims.
An award for extra payment due to change in quarry source is valid if proper authority sanction exists and statutory provisions take precedence over contractual limitations.
The main legal point established in the judgment is that the claim for escalation under a contract is admissible if the specified conditions are satisfied, and the principle of res-judicata does not ....
Arbitration - If the Arbitrator so appointed resigns his appointment or vacates his office or is unable or unwilling to act due to any reason whatsoever, the authority appointing him may appoint a ne....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
